Antoni Muthuraja.M v. The Assistant Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2023 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU and W.M.P. (MD) No. 13002 of 2021 M.Antoni Muthuraja ... Petitioner -vs1.The Assistant Commissioner, Hindu Religions & Charitable Endowments Administration Department, 132, Kutralam-Tenkasi Main Road, Kutralam, Tenkasi Taluk, Tenkasi District.

2.The Executive Officer, Arulmigu Mariamman Temple, Vasudevanallur, Sivagiri Taluk, Tenkasi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Certiorari, calling for the records of the impugned order of 2nd respondent dated 17-03-2021 issued to the petitioner and quash the same as illegal.

1/5

For Petitioner :

Mr. C.Guhaseelarupan For Respondents :

Mr. T.Villavan Kothai (R1) Additional Government Pleader Mr. S.Manohar (R2)

O R D E R

Heard Mr. C.Guhaseelarupan, Learned Counsel for the Petitioner, Mr. T.Villavan Kothai, Learned Additional Government Pleader appearing for the First Respondent and Mr. S.Manohar, Learned Counsel appearing for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The grievance ventilated by the Petitioner is that by Proceedings dated 17.03.2021 said to have been passed by the First Respondent, he has been called upon to hand over charge to Fit Person of the Arulmigu Angala Eswari Amman Temple (hereinafter referred to as 'the Temple' for short), by referring to earlier Proceedings in Se. Mu. Na. Ka. No. 4342/2018-27/E1 dated 24.08.2018, Se. Mu. Na. Ka. No. 2381/2020-2/E1 dated 25.02.2020 and Se. Mu. Na. Ka. No. 4643/2018-9/E1 dated 17.07.2020, which have not 2/5

been served to him till date.

3.

In the Additional Counter-Affidavit dated 13.02.2023 filed by the Second Respondent, it has been stated that the First Respondent by Proceedings in Se. Mu. Na. Ka. No. 10460/07/E1 dated 24.10.2007 has appointed the Second Respondent as a Fit Person of the Temple under the control of the Petitioner in terms of Section 49(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. However, in the absence of any proof of having served the said order to the Petitioner, it is not possible to accept the contention of the Respondents that the Fit Person is entitled to deal with the administration of the Temple, which is said to be now under the control of the Petitioner.

4.

In such circumstances, the impugned order, which cannot be sustained, is set aside. It is made clear that if any necessity arises, the concerned authorities are not precluded from taking any fresh action following the prescribed procedure in accordance with law and the Petitioner may resist the same by raising all contentions and that no view expressed by the Court on the merits of the controversy involved.

3/5

In the result, the Writ Petition is disposed on the aforesaid terms. Consequently, connected Miscellaneous Petition is closed. No costs. 14.02.2023 NCS : Yes/No Index : Yes/No SM Note: Issue order copy by 14.06.2023.

To 1.The Assistant Commissioner, Hindu Religions & Charitable Endowments Administration Department, 132, Kutralam-Tenkasi Main Road, Kutralam, Tenkasi Taluk, Tenkasi District.

2.The Executive Officer, Arulmigu Mariamman Temple, Vasudevanallur, Sivagiri Taluk, Tenkasi District.

4/5

P.D.AUDIKESAVALU,J.

Sm 14.02.2023 5/5